Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-08-25
FULLY EXONERATED.

| ing an officer presented against officer Low
ell by John Hermann. The latter, it vii
be recollected, set forth in his complain
that on Sunday morning, the 14th instant
at the hour of A. NJ, while he was on hi
way to the depot, intending to start on tn
6 o'clock train for San Francisco to attent
to matters of business of great importance
| he heard loud and unusual noises proceed
| ing from the southwest corner OF Fourth
and l. streets, and upon looking in th
direction whence came the noises, discov
cred man and woman engaged in quar-
rel and making demonstrations toward eacl
other, as if they were about to engage in ;
fisticuff encounter. Being curious to know
the cause of the difficulty, he stopped anC
watched them for few moments. While
he was thus engaged officers Lowell and
Mccormack came up ana placed the par
ties under arrest. He was in the act of re-
Stunning his footsteps toward the depot
when officer Mccormack addressing him
exclaimed: Hold on, we want you as 8
witness" He accompanied the officer tC
the city prison, where the day jai er was in
formed by,,officer Mccormack that Hermann
was to be detained as witness only. In
stead of being detained as witness he was
charged with the crime of disturbing the
peace, and he believed that he was thus
charged at the instance of officer Lowell.
Hermann further stated in the charges that
officer Lowell had for long time enter
tanned feeling of enmity against him, be-
cause the latter was witness against Low
ellis father while he was on trial for muir
der in the Superior Court in 1885, and that
the charge preferred by Lowell against
him was actuated by personal enmity, and
not because Lowell believed he had viola
ted public law.
At the session of the Board yesterday j.
j. West appeared as counsel for Hermann,
|. S. Brown for the defendant, and the City
Attorney skirmished about to see Justice
done. The complainant desired contin-
uance, because of the absence of his wife
and another witness, the former being de-
tanned at home by a sick child, while the
latter had not been subpenaed; but it was
agreed by the defense that they would ad-
nit what those witnesses were expected to
testify to, and, at all events, if the witnesses
were deemed necessary, their testimony
could be taken later.
The complainant was the first witness,
and narrated the circumstances of his ar
rest substantially as detailed in the COM
plant. He said he was at Fourth and h
streets when he heard the loud talking, and
first saw the difficulty between a man and
woman; the woman was trying TO strike
the man; went out of curiosity to see the
trouble, as any one might; officer McCor-
mack stopped him as he was walking away
after the officers appeared on the scene, and
told him that he was wanted as witness +;
replied that he had something else to do ;
the officer said he would only have to 60 to
the station house and give his name and
residence; at the Jail Mccormack told Of
ficer Sullivan that he was only brought
down as a witness Lowell talked to Nc
Cormack, and they then told Sullivan to
put a charge of disturbing the peace against
him was searched and locked up for two
hours, when he made deposit of his
money and other property, and was allowed
to go; intended to go to San Francisco that
morning on money business OF his
brothers.; never had any trouble with Of
ficer Lowell; knew the latter had bad feel
ing toward him by his looks: the disturb
ance between the man and woman took
place on the southwest corner of Fourth
and L streets did not talk to any one
while looking at it, nor catch hold of any
one.
Cross examination-Got home the night
before about o'clock; was at the store till
$50, then stood ON J street talking with
friends, and went to saloon and played
couple of games of pool; was not under
the influence of liquor: never was drunk
in my life; was rot put out of saloon
that night; got up at A. NJ; reside at
Twenty eighth and L streets crossed over
to K at Twenty-eighth street, and came
down K to Fourth; did not speak TO the
woman and tell her | was an officer and
would arrest her, nor try to pull her into
the alley to fight; never spoke to Lowell 4;
told l,t,h IA har hp 10 had U
against me; when we met he did not look
at me as he would at other persons he
met had no feeling against him when
left Fourth and L streets, when the officers
came, started to cross from southwest to
southeast corner; was going to the depot,
and went that way to get out Of the crowd !;
had left nothing there to go after: did not
tell Mccormack | was on my way home
and did not want to be mixed UP
in such case the girl did not
say anything to me- did not say anything
about being an officer and taking any one
to Jail, nor to the alley to fight; was not
near enough to put my hand upon her.
Re-direct-Was discharged when the
case came up in Court; officer Mccormack
testified, but Lowell did not. Counsel for
complainant introduced the complaint filed
against Hermann, showing it was signed
and sworn to by Lowell
To Mr. Brown-Was not on Third street
that morning, and did not go from Third
to Fourth did not tell the officers was
going to the Bay, but said had something
to attend to.
Dennis Hagerty ,sworn-Am horseshoer;
had trouble at Fourth and L streets saw
Hermann there; he stood by post, twelve
or fifteen feet away; did not hear him say,
or see him do, anything; saw him there as
7
around the corner; don't know when he
came, nor where from there were several
people standing on the corner and across
the street.
Cross examined-Was little under the
influence of liquor, but knew what l was
doing; was not drunk; was not fighting
the woman she was trying to fight me
went into a saloon in the middle of the
| block and got drink; she asked me tc
| treat, but refused, saying l would if | had
more money; went out and she followed
me down TO Fourth street, holding on tC
my coat and abusing me, trying to fgh
me, and couldn't get away had just go
fee when officers came; saw Hermann
first leaning against post; had been all
around town during the night; thu
woman's name was Kate Dooley she said
Hagerty, l can lick you, if you are q
scrapper;" wasn't fighting her.
| Officer Sullivan testified that McCor
mack, when the party were brought in
said Hermann was only witness; subse
quently Lowell spoke to Mccormack for
| minute, and Mccormack then said to put
charge against Hermann also; some time
perhaps an hour, after being locked up tn
latter said he was married man with
family, and had intended to go 10 Sal
Francisco; after the prisoners were loeke'
up heard the officers say, discussing tn
matter, that Hermann had been egging tn
woman on.
The prosecution rested, and officer Nc
Cormack took the stand for the defense; b
and Lowell were going home, after report
ing off watch, when they were told on Sec
ond street, between X and L, that Their
was row at Fourth and l., and ha
| been for an hour; got to within fort.
feet of the parties creating the dis
turbance when they separated; the
had been making g noise and talkin
loudly of fighting Hermann started o.
up L street. on the crossing; called to hin
two or three times to stop, and told him
did not want any foolishness; asked hin
what he was running away for he replied
I'm going home After We arrived 8
the station-h house, officer Lowell told m
that on the way down he had been in
formed that Hermann was implicated i
the row, and be intended to put charg
against him; would have done so myself
; lust as he did, under the circumstance:
| II ernoann never said n word to me abOu